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Will Mrs Rivera, an army deserter, be allowed to stay in Canada?

Background: © BBC
Mrs Rivera had wanted to remain in Canada on humanitarian grounds. Canada has ordered the deportation of the first woman US soldier to have sought asylum in the country to avoid being deployed to Iraq.

Kimberly Rivera, a mother of three, had requested permission to remain in Canada on humanitarian grounds but her appeal was rejected.

She could face up to five years in prison when she returns to the US.

Some 200 deserters from the US military are believed to have fled to Canada, some living incognito.

Mrs Rivera served in Iraq in 2006 but deserted a year later after refusing to be redeployed.

The War Resisters Supporters Campaign, who are backing Mrs Rivera, said her experience in Iraq was "a huge awakening" which convinced her that "the war was immoral and that she could not participate in it".

Mrs Rivera and her family have been told they must leave Canada by the end of January unless the court order is reversed.

Last year, the Canadian parliament passed a non-binding motion granting asylum to deserters from the Iraq war.

But correspondents say the governing Conservatives opposed the motion, not willing to risk upsetting Washington over the issue.

So far Canada has deported only one US deserter, Robin Long. He was sentenced to 15 months in prison on his return
http://www.sott.net/articles/show/172634-Canada-expels-US-woman-deserter

Category Editor Details: If Canada decides to deport her before the settlement date and she goes into hiding, that would still count as a 'No', as that still wouldn't mean she was 'allowed' to stay.

Settlement details:As reported by a major mainstream news source.

 
Forecast history %
Yes
64%
No
36%
Question suspends in 3 weeks

Suspend date: Tue 15th Dec 11:59pm PST (3 weeks to go)

Initial likelihoods: Yes: 50%

Action history:

Created Fri 9th Jan 11:09pm PST by curios
Changed Suspend date Tue 28th Apr 2:38am PST by sqlman[Admin]: was: "2009-06-10 23:59:00"
Suspended Tue 7th Jul 11:59pm PST : Suspend date reached
Changed Suspend date Sat 15th Aug 4:45pm PST by sqlman[Admin]: was: "2009-07-07 23:59:00"
Unsuspended Sat 15th Aug 4:45pm PST by sqlman[Admin]: On Tuesday, 8/11, a Canadian Federal Court judge issued another temporary stay for Mrs. Rivera while a new pre-removal risk assessment is performed. This could take up to four months; as such, we'll re-open this for two months or until a final ruling is announced.
Suspended Thu 15th Oct 11:59pm PST : Suspend date reached
Settlement requested Fri 16th Oct 9:18am PST by dieseldog: settlement date has passed and no news of her being deported. please settle as yes.
Changed Suspend date Fri 16th Oct 1:58pm PST by sqlman[Admin]: was: "2009-10-15 23:59:00"
Unsuspended Fri 16th Oct 1:58pm PST by sqlman[Admin]: Per the last comment, we're re-opening for another two months to give the courts time to decide.

Suspend date: Tue 15th Dec 11:59pm PST (3 weeks to go) details

 

Predictions (52)

5 weeks ago
dieseldog predicted Yes (H$9,200 at 65%)
6 weeks ago
mork[Power User] predicted No (H$1,212 at 42%)
7 weeks ago
awills predicted No (H$200 at 40%)
7 weeks ago
ianochaye predicted Yes (H$5,000 at 55%)
19 weeks ago
undercontrol predicted No (H$5 at 50%)

Comments (19)

I'm guessing No, means deported.
posted 45 weeks ago
  2 curios
of course
posted 45 weeks ago
  3 lcsnor
What will happen with this question if Ms Rivera goes on the run? ie they say she should be deported but she disappears?
posted 44 weeks ago
This isn't an official response, because there's a new category editor coming in. But the question is about what the Canadian courts or government do. Since she currently has to leave by Jan 27th, the only way that date would be extended is if the courts or government choose to extend it to further consider her case. So, if there's no extension, the situation on the 27th would be enough to settle the question. If she's on the run, then she's a fugitive from the law, and it's extremely unlikely they're going to then say she can stay. (She doesn't have to be deported for this question to settle as No. It only requires that the courts or government don't reverse the Immigration Review Board's ruling.)
posted 44 weeks ago
TY much for the clarification, infernalmachine. Good points.
posted 44 weeks ago
Infernal....are you going to settle the 'who will break relations with Israel next' Q before you go? We're kinda sitting in limbo over there.
posted 44 weeks ago
  7 curios
THANKS (con) its a vain attempt to get this suspended or voided one of his last throws is it any wonder people are leaving what is a very goo site .....but i feel i must add one sided those that have and those that don't
i aim frankly surprised at the comment of (cape) or is he also canadian?
posted 44 weeks ago
I've asked Tisha to reopen the break relations question, because "suspending" relations, which Mauritania did, doesn't count according to the question creator.
posted 44 weeks ago
@curios I swear to you it is not an attempt to get your question voided. I'm just looking at the possible things that might happen which would affect how the question is settled. Why? Because two people asked about what would happen if she "goes on the run". I like your question.
posted 44 weeks ago
  10 kruijs[Power User]
curios, you forgot to mention that we are all cheating.
posted 43 weeks ago
The Federal Court has granted her a temporary stay of removal until it decides whether or not to hear her appeal.
http://www.thestar.com/News/GTA/article/578156
posted 42 weeks ago
  12 frogchop
Looks like the suspension date will need to be extended once again. The court will hear her appeal on July 8 now:
http://lawiscool.com/tag/kimberly-rivera/
posted 30 weeks ago
  13 randburg
http://www.cbc.ca/canada/story/2009/04/22/rivera-appeal042209.html

She is scheduled to be deported, but her appeal will be heard on July 8th. What does this do to this question?
posted 29 weeks ago
  14 sqlman[Admin]
@randburg: that news doesn't really change what we already knew: that her appeal would be heard on July 8. The story only says that she's been granted leave, which takes her off of AWOL/deserter status. However, I will extend the suspend date here to July 7; thanks for the bump.
posted 29 weeks ago
God forbid if Canada were to take in all 200 of the Iraq War deserters...maybe they need more of the Bush/Cheney types there instead.
posted 24 weeks ago
  16 sqlman[Admin]
We're still waiting for the court's ruling. Ms. Rivera apparently has no other options, so this should be settled in the next day or so. I hesitate to reopen, as the appeals have been heard, and we're just awaiting the judge's decision...
posted 18 weeks ago
  17 sqlman[Admin]
07/26: still no news; we'll let this go a few more days...
posted 16 weeks ago
  18 sqlman[Admin]
08/02: nothing yet; we'll wait another week...
posted 15 weeks ago
  19 sqlman[Admin]
08/15: On Tuesday, 8/11, a Canadian Federal Court judge issued another temporary stay for Mrs. Rivera while a new pre-removal risk assessment is performed. This could take up to six months; as such, we'll re-open this for two months or until a final ruling is announced.

http://www.google.com/hostednews/canadianpress/article/ALeqM5iwAv9UfA2zmeKs_5oI--3cRQ5nOw
http://www.cbc.ca/canada/story/2009/08/11/iraq-war-resister-stay081109.html
posted 14 weeks ago

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